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United States of America

IDAHO

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Bullying
Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
Health, Medical
HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Parenting
Partners
Privacy
Sodomy
Taxation
Transgender, Transsexual
Violence
Wrongful Death

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Children: Access, Custody, Visitation Legislation/Cases/References
1.

Courts & Tribunals

On 07June 2017, the State Supreme Court denied custody and visitation rights to a gay woman known only as Jane Doe who raised a child with her former partner, the child's natural mother. The ruling reflects state laws that have not been updated since same-sex marriage became legal in 2014 [C1.7], [R1.6].

On 03 May 2004 the McGriff -v- McGriff case was heard in the Idaho Supreme Court and on 21 September 2004, the Court found in a 4–1 decision that while unanimously concluding that homosexuality is no per se bar to child custody, the Court upheld a county magistrate's decision denying custody to a gay father, and limiting the children's visitation to times when his partner is not in residence [C1.5], [R1.5].

Previously:

In July 2002, a Bonneville County Magistrate Mark Riddoch said Theron McGriff, a gay father, has a choice: stop living with his partner or lose visitation rights with his children [R1.4].

The State Supreme Court has never previously ruled on the rights of homosexual parents [R1.2].

On 17 May 2002 Bonneville County Magistrate Mark Riddoch vacated a joint custody agreement in favour of ordering primary custody to ex-wife of Theron McGriff as the " … Father's decision to openly co-habit with his partner is a change in circumstances which needed to be jointly communicated to the girls in an appropriate manner … He has minimized this issue in regard to the conservative culture and morays [sic] in which the children live." [R1.3].

McGriff appealed the decision to Idaho District Court, after the state Supreme Court failed to act on a request to hear the case. However, the Idaho Supreme Court will now review the magistrate's decision to deny a man custody of his two children because he is gay [R1.2].

The father was ordered to pay his ex-wife's court costs while he waits for the Idaho supreme court to hear his precedent-setting appeal [R1.1].

C1.7 Opinion: Jane Doe v. Jane Doe I No. 4449 PDF 46.30kb 07 JUN 17
R1.6 TheWashingtonTimes: Idaho high court: Unmarried gay partner has no custody right 08 JUN 17
C1.5 McGriff v. McGriff, 140 Idaho 642, 645, 99 P.3d 111, 114 (2004)
R1.5 Lesbian/Gay Law Notes: Idaho Supreme Court Says Homosexuality No Bar to Child Custody OCT 04
R1.4 Idaho Statesman: Judge Gives Gay Dad Ultimatum 11 JUL 02
R1.3 ABC News: "Idaho Man Says He Was Denied Custody Because He's Gay, Not Bad Parent" 22 JUL 02
R1.2 Associated Press: Idaho Supreme Court to Review Decision Denying Gay Man Custody of His Children 07 AUG 02
R1.1 The Advocate: Gay Father Ordered to Pay Court Costs 17 JAN 03
Civil Unions, Partners Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

State

No municipalities are known to offer domestic partner benefits.

   
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

State

Discrimination on the basis of sexual orientation or gender identity is not proscribed.


Idaho Statutes. Title 67 State Government and State Affairs. Chapter 59 Commission on Human Rights [L1.4].

67–5909. ACTS PROHIBITED. It shall be a prohibited act to discriminate against a person because of, or on a basis of, race, color, religion, sex or national origin, … age … disability …


On 01 March 2012, a new version of the proposed bill to include "sexual orientation" and "gender identity" in Idaho's Human Rights Act was expected to be considered by the House State Affairs Committee. The Bill would make it illegal to discriminate against someone based on their sexual orientation or gender identity in housing, employment, education and public accommodation [R1.3].

On 10 February 2012, the Senate State Affairs Committee killed legislation to add protections for gay, lesbian and transgendered individuals under the Idaho Human Rights Act [R1.2].

On 21 March 2000, a bill some say will let employers and landlords discriminate against gays and provide religious cover for spousal abuse passed the House of Representatives [R1.1].

2.

Cities & Towns

On 25 September 2018, Meridian City Council reportedly approved 4-2 a non discrimination ordinance that bans discrimination citywide based on gender identity or sexual orientation. Violators of the ordinance could face an infraction and a $250 fine [R2.10].

On 27 October 2014, the Lewiston City Council passed an ordinance 5-2 vote banning discrimination in housing, employment and public accommodation based on sexual orientation or gender identity [R2.9].

On 27 June 2014, the recount of the 20 May Pocatello residents vote confirmed the vote to retain the ordinance banning discrimination on the basis of sexual orientation and gender identity [R2.8].

On 27 June 2014, a recount of the 20 May Pocatello residents vote to keep the antidiscrimination law in place, ordered at the request of a group opposed to the ordinance, was set to take place [R2.7].

On 12 June 2014, it was reported that the Victor city council unanimously approved a non-discrimination ordinance making it unlawful to discrimination on the ground of sexual orientation or gender identity/expression in employment, housing and public accommodation. The ordinance goes into effect 16 June 2014 [R2.8].

On 20 May 2014, 4,943 people voted to keep the Pocatello anti-discrimination law in place, while 4,863 people voted to rescind it [R2.7].

On 06 June 2013, the Pocatello City Council voted 4-2 to pass an ordinance to protect members of the lesbian, gay, bisexual and transgender community from discrimination when it comes to housing, employment and public accommodations [R2.6].

On 04 June 2013, the Coeur d'Alene City Council passed an ordinance 5-1 that bans discrimination on the grounds “sexual orientation, gender identity and expression” in employment and public accommodations [R2.5].

On 18 April 2013, Pocatello City Council rejected 4–3 an ordinance that would have made it a misdemeanor to discriminate on the basis of sexual orientation or gender identity [R2.4].

On 22 January 2013, the Ketchum City Council passed an ordinance, which prohibits discrimination based on a person's sexual orientation or gender identity in cases of housing, employment and public accommodation, unanimously [R2.3].


On 04 December 2012, Boise City Council unanimously approved an ordinance effective 01 January 2013, making it unlawful to discriminate based on sexual orientation in the areas of employment, housing and at local businesses, with exceptions for religious institutions and some private organizations [R2.2].


On 21 December 2011, Sandpoint Council unanimously passed an ordinance that enhances state law by adding sexual orientation and gender expression to those protected classes in employment, housing or public accommodation [R2.1].

L1.4 Idaho Statutes: Title 67 State Government and State Affairs. Chapter 59 Commission on Human Rights
R1.3 Idaho Press-Tribune: Add the Words proposed bill gets second chance 04 MAR 12
R1.2 GayStarNews: Idaho senators block anti-discrimination language 10 FEB 12
R1.1 Post-Register: House Passes Bill to Ensure Religious Freedom 22 MAR 00
2. Cities & Towns
R2.10 MeridianPress: Meridian approves "add the words" ordinance 25 SEP 18
R2.9 KTVB.com: Lewiston passes law protecting gays, lesbians 28 OCT 14
R2.8 BoiseStatePublicRadio: Rural Border Town Becomes Idaho's 8th City To Approve Non-Discrimination Ordinance 12 JUN 14
R2.8 LGBTQ Nation: Recount confirms Pocatello voters approved non-discrimination ordinance 02 JUL 14
R2.7 LGBTQ Nation: Idaho town faces recount on LGBT non-discrimination ordinance 19 JUN 14
R2.6 IdahoStateJournal: Pocatello council OKs amended anti-discrimination ordinance 07 JUN 13
R2.5 SFGN: N. Idaho Town Passes Ban on Homosexual Discrimination 06 JUN 13
R2.4 OPB: Pocatello Rejects Gay Rights Ordinance In Close Vote 19 APR 13
R2.3 The Idaho Agenda: Unanimous: Ketchum City Council passes city-wide Non-Discrimination Ordinance 23 JAN
R2.2 OnTopMagazine: Boise Approves Gay Protections Law 05 DEC 12
R2.1 Bonner County Daily Bee: City OKs anti-discrimination ordinance 23 DEC 11

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

State

On 06 June 2013, the Senate approved 11-7 Senate Bill 97 that would add gender identity and expression to the state’s anti-discrimination and hate crimes law. The House Administration Committee is scheduled to hold a hearing on SB 97 on June 12 [R1.3].

On 23 April 2013, the Transportation Department announced that it had amended its policy regarding changes to driver's licenses to allow transgender people to correct the gender marker on their license without showing proof that they have undergone surgery [R1.2].

In August 2002, it was reported that Idaho barred transsexuals from altering their birth certificates after gender reassignment surgery [R1.1].

2.

Courts & Tribunals

On 20 March 2019, the US Court of Appeals for the Ninth Circuit ruled the Idaho Department of Correction does not have to provide gender confirmation surgery to transgender inmate Adree Edmo, aka Mason Edmo until it says otherwise. Oral argument is expected to be scheduled in May 2019 [C2.8], [R2.7].

On 04 March 2019, US District Judge B. Lynn Winmill ruled that Idaho Department of Correction officials cannot delay gender confirmation surgery for transgender inmate Adree Edmo while they appeal the court ruling requiring them to provide the surgery by 13 June [R2.6].

On 09 January 2019, it was reported that the State would appeal the 13 December 2018 court ruling (below) ordering the state to provide gender confirmation surgery to transgender inmate Adree Edmo to the 9th US Circuit Court of Appeals [R2.5].

On 13 December 2018, US District Judge B. Lynn Winmill ordered the Idaho Department of Correction to provide transgender inmate Adree Edmo with adequate medical care, including gender confirmation surgery. Judge Winmill wrote '' ... the Supreme Court has consistently held that consciously ignoring a prisoner's serious medical needs amounts to cruel and unusual punishment in violation of the Eighth Amendment'' [C2.4], [R2.3].

On 05 March 2018, US Magistrate Judge Candy Dale ruled that the Idaho Department of Health and Welfare can't bar transgender people from changing the sex listed on their birth certificates, giving the State until 06 April to begin considering applications to change the sex listed on birth certificates under new, constitutionally sound rules [C2.2], [R2.1].

R1.3 Washington Blade: Delaware Senate approves transgender rights bill 07 JUN 13
R1.2 The Advocate: Idaho Revises Requirements for Gender Markers on Driver's Licenses 24 APR 13
R1.1 Gay People's Chronicle: Hetero Couple Denied Marriage: One is TG 30 AUG 02
Gay People's Chronicle: Yes, Ohio Does Have Same-sex Marriage 09 AUG 02
2. Courts & Tribunals
C2.8 Order: Adree Edmo aka Mason Edmo v. Corizon Inc, et al., and Idaho Department of Corrections No. 19-35017, 19-35019 PDF 289.38kb 20 MAR 19
R2.7 Court orders stay in case of transgender Idaho inmate’s surgery 04 APR 19
R2.6 TheSeattleTimes: Judge: Idaho can’t delay transgender inmate’s surgery 04 MAR 19
R2.5 TheSeattleTimes: Idaho appeals ruling ordering surgery for transgender inmate 09 JAN 19
C2.4 Findings of Fact, Conclusions of Law and Order: Adree Edmo v. Idaho Department of Correction, et al. No. 1:17-cv-00151-BLW PDF 420.30kb 13 DEC 18
R2.3 SeattleTimes: Judge orders Idaho to give transgender inmate gender surgery 14 DEC 18
C2.2 Memorandum Decision and Order: F.V. and Dani Martin v. Russell Barron et al No. 1:17-CV-00170-CWD PDF 1.03MB 05 MAR 18
R2.1 Victory! Court Orders Idaho to Issue Accurate Birth Certificates to Transgender People 05 MAR 18
Health, Medical Legislation/Cases/References
1.

Courts & Tribunals

On 20 March 2019, the US Court of Appeals for the Ninth Circuit ruled the Idaho Department of Correction does not have to provide gender confirmation surgery to transgender inmate Adree Edmo, aka Mason Edmo until it says otherwise. Oral argument is expected to be scheduled in May 2019 [C1.5], [R1.4].

On 04 March 2019, US District Judge B. Lynn Winmill ruled that Idaho Department of Correction officials cannot delay gender confirmation surgery for transgender inmate Adree Edmo while they appeal the court ruling requiring them to provide the surgery by 13 June [R1.3].

On 13 December 2018, US District Judge B. Lynn Winmill ordered the Idaho Department of Correction to provide transgender inmate Adree Edmo with adequate medical care, including gender confirmation surgery. Judge Winmill wrote '' ... the Supreme Court has consistently held that consciously ignoring a prisoner's serious medical needs amounts to cruel and unusual punishment in violation of the Eighth Amendment'' [C1.2], [R1.1].

C1.5 Order: Adree Edmo aka Mason Edmo v. Corizon Inc, et al., and Idaho Department of Corrections No. 19-35017, 19-35019 PDF 289.38kb 20 MAR 19
R1.4 Court orders stay in case of transgender Idaho inmate’s surgery 04 APR 19
R1.3 TheSeattleTimes: Judge: Idaho can’t delay transgender inmate’s surgery 04 MAR 19
C1.2 Findings of Fact, Conclusions of Law and Order: Adree Edmo v. Idaho Department of Correction, et al. No. 1:17-cv-00151-BLW PDF 420.30kb 13 DEC 18
R1.1 SeattleTimes: Judge orders Idaho to give transgender inmate gender surgery 14 DEC 18
Homosexuality, Sodomy Legislation/Cases/References
1.

State

Same-sex consensual sexual activity is unlawful in Idaho and carries a maximum punishment is five years to life [R1.1].

But see 2. Courts & Tribunals below.

18-6605.Crime against nature — Punishment. Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years. [L1.1].

18-6606.Crime against nature — Penetration. Any sexual penetration, however slight, is sufficient to complete the crime against nature [L1.1].

2.

Courts & Tribunals

The June 2003 US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Idaho law [C2.1], [R2.1].

L1.1 Title 18, Chapter 66 Sex Crimes, 18-6605 (Accessed 07 JUN 09)
Title 18, Chapter 66 Sex Crimes, 18-6606 (Accessed 07 JUN 09)
R1.1 ILGA: Annual Report 1996 - Part II 1996
C2.1 US Supreme Court: Lawrence v. Texas, 539 U. S. 558 (2003) 26 JUN 03
R2.1 Associated Press: Supreme Court Strikes Down Gay Sex Ban 26 JUN 03
Marriage Legislation/Cases/References
1.

State

On 06 April 2015, six same-sex couples who married in early October 2014, before state officials say a federal court made such unions legal, were reportedly being given a unique state-approved opportunity for a do-over, with a unique application intended to allow them to get a new license without denying they're already married. The application has the unusual option of selecting already married [R1.3].

On 12 February 2015, the Idaho Bureau of Vital Records and Health Statistics reportedly ruled invalid the first six same-sex marriage licenses issued before the 9th U.S. Circuit Court of Appeals lifted a stay blocking same-sex marriage in Idaho effective 15 October 2014. The county has offered to reissue the licenses at no charge [R1.2].

On 13 October 2014, same-sex marriages became lawful, effective 15 October 2014 [R2.14].

See: Courts & Tribunals below.

Previously:

A 1996 law upheld an existing law against same-sex marriages in the state. The law also prohibited the recognition of gay marriages deemed lawful in other states [R1.1].

2.

Courts & Tribunals

On 09 July 2015, US Magistrate Ron Bush concluded that Taylor seventy-four-year-old Navy veteran Madelynn Lee Taylor has the right to be buried with her wife at the Idaho State Veterans Cemetery when she dies saying she “is entitled to have the assurance that there is a court order in place requiring that what she has a right to have happen if she were to pass away today, will happen when she does pass away.” [R2.24].

On 09 January 2015. the three-judge panel of the US Court of Appeals for the Ninth Circuit voted to deny the petitions for rehearing en banc the Susan Latta, et al., v. C. L Otter, et al. (Idaho) and the Beverely Sevcik, et al., v. Brian Sandoval (Nevada) same-sex marriage cases, suggesting that lower courts are still bound by the Supreme Court's one-line decision in 1972 in the case of Baker v. Nelson that essentially confirmed that the Constitution commits questions of marriage policy to the citizens of each state [C2.23], [R2.22].

On 02 January 2015, Governor Otter and the State of Idaho were reported to have filed two separate petitions in the US Supreme Court seeking a review the decisions striking down the State same-sex marriage ban in the “Latta v. Otter” case [C2.21], [C2.20], [R2.19].

On 21 November 2014, the US Court of Appeals for the Ninth Circuit granted in part Governor Ottor's motion for leave to file a reply in support for rehearing en banc of the Susan Latta, et al. v. C L Otter, et al. same-sex marriage case [C2.18], [R2.17].

On 21 October 2014, lawyers for Gov. C.L. "Butch" Otter filed a plea for a new review by the full US Court of Appeals for the Ninth Circuit., seeking to have the three-judge panel's decision issued on 07 October wiped out and en banc (full court) review to begin, arguing that the panel ruling was "judicial policymaking masquerading as law" [C2.16], [R2.15].

On 13 October 2014, the Ninth Circuit Court of Appeals issued an order lifting the stay that blocked same-sex marriage from starting in Idaho with effect from Wednesday morning when marriage licenses can legally be issued to same-sex couples statewide [R2.14].

On 10 October 2014, the US Supreme Court turned down the state's request for a reprieve on issuing marriage licenses to same-sex couples following this week's ruling by the Ninth Circuit Court of Appeals declaring the state's gay marriage ban unconstitutional [R2.13].

On 08 October 2014, on the application of Governor Otter and others, US Supreme Court Justice Kennedy put the mandate in the Idaho marriage case, Latta v. Otter, temporarily on hold “pending further order” either by himself or the full Court [C2.12], [R2.11].

On 07 October 2014, the US Court of Appeals for the Ninth Circuit struck down same-sex marriage bans in Idaho and Nevada, finding that the laws at issue violate the Equal Protection Clause of the Fourteenth Amendment [C2.10], [R2.9].

On 30 June 2014, it was reported that the Ninth Circuit Court of Appeals set 08 September 2014 for hearing the challenges to same-sex marriage bans in Hawaii, Idaho and Nevada [C2.8], [R2.7].

On 20 May 2015, the Ninth Circuit Court of Appeals granted a stay of the District Court's 13 May 2014 Order pending appeal and set the hearing of the appeal for week commencing 08 September 2014 [C2.6].

On 15 May 2014, the Ninth Circuit Court of Appeals ordered a temporary stay of the District Court's 13 May 2014 Order, pending the Court's disposition of the appeal [C2.5].

On 13 May 2014, US Magistrate Judge Candy W Dale in the US District Court for the District of Idaho ruled that Idaho's 2006 law, which amended the state constitution to limit marriage to opposite-sex couples, violates the U.S. Constitution. The ruling to take effect on Friday 16 May unless the appellate court grants a stay [C2.4], [R2.3].

On 08 November 2013, a lawsuit was filed in the US District Court for the District of Idaho on behalf of four same-sex couples challenging Idaho's gay marriage ban and its refusal to recognize the marriages of gay couples who wed in other states [C2.2], [R2.1].

R1.3 EdgeMediaNetwork: Six Same-Sex Idaho Couples Offered Do-Over Marriage Licenses US (ID) 08 MAY
R1.2 LGBTQnation: 12 FEB 15
R1.1 Melbourne Star Observer: 'No Marriage' Say US States 10 MAY 96
R2.24 The Spokesman-Review: Judge allows same-sex burial 10 JUL 15
C2.23 Order: Susan Latta, et al., v. C. L Otter, et al. and Beverely Sevcik, et al., v. Brian Sandoval No. 14-35420, 12-17668 PDF 198.64kb, 09 JAN 14
R2.22 SCOTUSblog: Sharp new critique of same-sex marriage rulings 10 JAN 15
C2.21 State of Idaho Petition for Writ of Certiorari: State of Idaho v. Susan Latta, et al. No. PDF 462.50kb, 02 JAN 15
C2.20 Governor's Petition for Writ of Certiorari: C L "Butch" Otter, et al. v. Susan Latta, et al. No. 14 PDF 806.35kb, 30 DEC 14
R2.19 EqualityOnTrial: Idaho asks Supreme Court to take up same-sex marriage challenge 02 JAN 15
C2.18 Order: Susan Latta, et al. v. C L Otter, et al. Nos. 14-35420, 14-35421 PDF 71.16kb, 21 NOV 14
R2.17 GayLawNet: Ninth Circuit Grants Governor Leave to Appeal in Idaho Same Sex Marriage Case 22 NOV 14
C2.16 Petition of Defendant-Appellant: Susan Latta v. C L "Butch" Otter & State of Idaho Nos. 14-35420, 13-35421 PDF 584.17kb, 21 OC 14
R2.15 SCOTUSblog: Idaho governor pursues new test of same-sex marriage 22 OCT 14
R2.14 TheSpokesman-Review: 9th Circuit lifts stay on gay marriage in Idaho 13 OCT 14
R2.13 GayStarNews: US Supreme Court: Same-sex couples can begin getting married in Idaho 10 OCT 14
C2.12 Order: C L "Butch" Otter v. Susan Latta, et al. No. 14A374 PDF 39.19kb, 08 OCT 14
R2.11 TheAdvocate: Mandate in Idaho marriage case temporarily stayed by Justice Kennedy 08 OCT 14
C2.10 Opinion: Susan Latta, et al., v. C L Otter, et al. and Beverly Sevcik et al., v. Brian Sandoval No. 14-35420 PDF 628.66kb, 07 OCT 14
R2.9 EqualityOnTrial: Ninth Circuit strikes down Idaho, Nevada same-sex marriage bans 07 OCT 14
C2.8 9th Circuit Court of Appeals Calendar for San Francsico, California, September 8-12, 2014: Natasha Jackson v. Neil Abercrombie, Susan Latta v. C Otter, Beverly Sevcik v. Brian Sandoval Nos. 12-16996 and 12-16998, 14-35420 and 14-35421, 12-17668
R2.7 EqualityOnTrial: Ninth Circuit Court of Appeals to hear three same-sex marriage cases on September 8 30 JUN 14
C2.6 Order: Christopher Rich v. State of Idaho No. 14-35420 PDF 68.98kb, 20 MAY 14
C2.5 Order: Christopher Rich v. State of Idaho No. 14-35420 PDF 44.75kb, 15 MAY 14
C2.4 Memorandum Decision and Order: Sue Latta and Traci Ehlers et. al v. C.L. "Butch" Otter & Anor No.13-cv-00482 CWD PDF 229.29kb, 13 MAY 14
R2.3 Freedom to Marry: Federal judge in Idaho strikes down state ban on marriage for same-sex couples 13 MAY 14
C2.2 Complaint: Sue Latta and Traci Ehlers et. al v. C.L. "Butch" Otter & Anor 13-cv-00482 CWD PDF 231.44kb, 08 NOV 13
R2.1 Xtra!: Four same-sex couples file lawsuit challenging Idaho's gay marriage ban 08 NOV 13
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

2.

Courts & Tribunals

On 03 January 2019, US District Court Judge B Lynn Winmill ordered the State to pay more than $277,000 in legal fees to attorneys for Adela Ayala, an Idaho woman who sued because the state refused to put her name on the birth certificate of a child she had with her same-sex partner. In 2017, Judge Winmill said the state laws that prevented Ayala from being listed on the child's birth certificate were unconstitutional as applied in her case, and he ordered the state of Idaho to add Ayala as a parent on the birth certificate [C2.8].

On 24 August 2017, US District Judge B Lynn Winmill, granted (in part) Adela Ayala a preliminary injunction requiring the Bureau of Vital Records and Health Statistics issue an amended two-parent birth certificate recognizing Ayala as the parent of the child L.O.A., born by artificial insemination to her partner Janina Oquendo, finding the Bureau's refusal constituted discrimination of the basis of sexual orientation and sex. State law prevented the partners from marrying at the time [C2.7].

On 07June 2017, the State Supreme Court denied custody and visitation rights to a gay woman known only as Jane Doe who raised a child with her former partner, the child's natural mother. The ruling reflects state laws that have not been updated since same-sex marriage became legal in 2014 [C2.6], [R2.5].

On 02 May 2014, Ada County Magistrate Judge Cathleen MacGregor Irby approved Darcy Simpson's adoption of two sons, Tray (15) and Dalton (12), who told the judge they consented. The case was initially dismissed by the judge and on appeal, the Supreme Court held in February [R2.3] that “any adult person” may adopt. In 2013, Rene and Darcy Simpson married in California [R2.4].

On 10 February 2014, Justice J Jones for the Idaho Supreme Court concluded that “Any adult person” in the §16-1501 of the Idaho Code cannot possibly be construed to mean “any married adult person” so, a second-parent adoption doesn't require that the parties be married to each other, and adoption of an opposite-sex partner's (or even friend's) children would be allowed as well, so long as the other requirements for adoption are met [C2.3], [R2.2].

In January 1999, the Idaho Supreme Court was reported to be taking up its first case of adoption involving a couple of the same sex [R2.1].

C2.8 Memorandum Decision and Order: Adela Ayala v. Richard M Armstrong and Anor PDF 161.04kb 03 JAN 19
C2.7 Memorandum Decision and Order: Adela Ayala v. Richard M Armstrong and Anor No. 1:16-cv-00501-BLW PDF 289.97kb 24 AUG 17
C2.6 Opinion: Jane Doe v. Jane Doe I No. 4449 PDF 46.30kb 07 JUN 17
R2.5 TheWashingtonTimes: Idaho high court: Unmarried gay partner has no custody right 08 JUN 17
R2.4 DailyJpurnal: Idaho judge approves the adoption of boys being raised by a Boise same-sex couple 03 MAY 14
C2.3 Opinion: In the Matter of the Adoption of John Doe and John Doe 1 Docket No. 41463 PDF 79.22kb, 10 FEB 14
R2.2 TheWashingtonPost: Adoption of same-sex partner's children allowed in Idaho 11 FEB 14
R2.1 Associated Press: Idaho Court to Take Up First Case of Adoption by Same-sex Couple 06 JAN 99
Taxation Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

State

On 08 February 2016, Senate approved legislation, already passed by the House, to bring the state's tax code in line with federal rules -- and also allow same-sex couples to file joint returns, saying all marriages recognized by the federal government will be recognized by Idaho's tax code. The Bill awaits the governor's signature [R1.4].

On 05 February 2014, the Senate voted 29-6 in favor of HB 375, granting final passage to the bill that requires same-sex couples who are legally married in other states to file separately on their Idaho income tax returns. The awaits Governor Butch Otter's signature. It earlier passed the House 27-12 [R1.3].

On 14 January 2014, the House Revenue and Taxation Committee approved a State Tax Commission rule requiring same-sex couples who are legally married in other states but live in Idaho to file their state income taxes separately - even though they can file their federal taxes jointly [R1.2].

On 04 October 2013, Idaho State Tax Commission instructed that as Idaho law doesn't recognize same-sex marriage, those in a same-sex marriage recognized in a different jurisdiction must [R1.1]:

  • File separate Idaho income tax returns, either as single or head of household (if qualified), and
  • Recompute your federal income tax return as if you had used either the single (or head of household, if qualified) filing status, and
  • Include those computations or your recomputed federal return with your Idaho Form 40 (resident) or Form 43 (nonresident or part-year resident) tax return.
R1.4 KBOI2: Bill allows Idaho same-sex couples to file taxes jointly 09 FEB 16
R1.3 The Spokesman_Review: Senate passes same-sex tax filing bill 29-6, it now heads to Otter 05 FEB 14
R1.2 EdgeOnTheNet: Idaho House Panel OKs Tax Rules For Same-Sex Couples 14 JAN 14
R1.1 Idaho State Tax Commission: Info for same-sex marriage filers 04 OCT 13

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